Trupti Patel
A report by Felicity McCall.

 

From the day that her trial opened at reading Crown Court in May, 2003, the similarities between the case of Trupti Patel, charged with murdering her three infant children at the family home in Maidenhead, Berkshire, between 1997 and 2001, and that of Sally Clarke, were chillingly apparent. Again, Professor Roy Meadow’s evidence was a key part of the case against Mrs. Patel, and again, her acquittal after just ninety minutes’ deliberation by the jury, discredited this leading exponent of the "think dirty" school of paediatricians who encourage jurors with no formal medical training to conclude that multiple cot deaths in a family equates to murder.

Mrs. Patel’s sons Amar and Jamie died at 13 weeks and 15 days respectively; her daughter Mia at 22 days. Her fourth daughter is a healthy child. Amar was found dead on 10 December 1997, Jamie on 5 July 1999 and Mia on June 3, 2001. Throughout the five and a half week trial, the 35 year old qualified pharmacist, had strenuously denied killing any of the children, in the face of a strongly emotive cross examination from the prosecution barrister, Paul Dunkels, QC. He had suggested the deaths were "tragedies brought about by her own actions" and accused her of stopping her infants breathing, "taking them," as he put it, "to the brink that divides life and death."

"On the 5 July , 1999, before you came downstairs, you stopped Jamie breathing and took him, to the brink, didn’t you?" asked Mr. Dunkels.
"No, I did not", replied Mrs. Patel.
"On 3 June 2001, in your bedroom with Mia you pressed down on her chest, probably as she lay in her crib, and stopped her breathing, squeezing the life out of her", he went on.
"No", replied Mrs. Patel again.
She then began crying as she described the toys attached to her daughter’s crib. Her husband Jayant, a 38 year old business analyst for British telecom, became emotional in the dock as he described how his wife had called him at work on the morning of 10 December 1997 when she found Amar in his cot, not breathing. He said he arrived at the hospital as doctors were stopping their attempts to resuscitate the child.

Mr. Patel said his wife was "devastated" by what happened and, for weeks, neighbours would hear her crying at home while he was at work. He told the court it was "scary" when their second son, Jamie was born, as they feared another cot death. He then told how he returned from work one lunchtime to find Jamie "totally floppy" in his cot. "I just realised it had happened again", he said. "I panicked and took him to Trupti. I did not know what to do."She had tried to resuscitate the child while they waited for the ambulance, but to no avail.

Giving evidence on Mrs. Patel’s behalf, a leading expert in SIDS, Professor Peter Fleming, said all the evidence suggested the three babies had died because they could not metabolise properly and they became very ill, while appearing well. He said he could find no evidence that they had been smothered or suffocated. Professor Fleming said in 20 years he had seen 3 other families in which there had been 3 unexplained deaths of babies. ..and the fact there were 3 deaths did not imply they had been suffocated. "I can find no convincing evidence that the deaths were caused by applied or imposed injury", he told the jury. "I can find considerable evidence that points to a metabolic disorder ."

He said Jamie, at 15 days, was at the "peak age"for this, and that bleeding in his bowel and low body temperature at the time of death were consistent with acute metabolic failure.Professor Fleming, who is a professor of infant health at the University of Bristol and a paediatrician at Bristol Royal Children’s Hospital, said there was strong evidence that this was how Mia had died, and there was nothing to suggest Amar’s death was unnatural.

In the summing up of evidence at the end of the trial, prosecuting counsel Paul Dunkels again urged the jury to use " clinical assessment" of the facts (this is of course not a clinically trained jury but one which must depend on medical evidence as presented by men they are told are experts), and not "high emotion." He urged them not to flinch from returning guilty verdicts, telling them that, when they examined the evidence, "you will be sure that these babies were killed by the defendant….it may be a conclusion you come to with a heavy heart". He also urged them "to keep your feet on the ground" when considering that death could have been due to a genetic or metabolic disorder.

This, despite the fact that the children’s grandmother, 80 year old Surajben Patel, from a village in the Guajarat region of India, had told the court, through an interpreter, that five of her own 12 children had died within a month and a half of being born. Her first child had died an hour after birth. No explanation had been given for their death, although doctors had attempted to save them. Evidence given from a woman who had lived her life in a region far remote from Reading, who did not understand the language of the court proceedings and who could not with any credibility be accused of legal manoeuvring - yet Mr Dunkels attempted to discredit her evidence by pointing out that neither Mrs Patel nor her mother suffered a genetic disorder. In a last attempt to secure a conviction, he reminded the jury that the defendant need not have had a premeditated urge to kill her babies - a momentary impulse was enough - and that if they decided she had smothered them but not intended to kill them, they could convict on the lesser charge of manslaughter.

As with Sally Clarke, Mrs. Patel’s husband had remained convinced of her innocence throughout and supported her during the hearing. He spoke of her devastation at their deaths, and said it had never once crossed his mind that she could have harmed her babies. He described Trupti as " a really nice Mum - loving, caring, compassionate, always considering them first.I cannot think she would do anything bad to them."
He told of how his wife had to live at another address as part of her bail conditions, but was allowed regular, supervised visits to see her surviving 8 year old daughter (who has inevitably become another victim of the process of "justice")

In the end, it took the jury just ninety minutes to return a unanimous verdict of not guilty, on June 11th. There were cheers in the courtroom as Mrs. Patel put her hands over her mouth and let out a sob before beginning to shake uncontrollably as the verdicts were read out in turn .Outside the court and surrounded by well-wishers, she said, "I am absolutely delighted. . Words can’t describe how we’re feeling. This should never have come to court." Her solicitor, Margaret Taylor, told the crowds outside Reading Crown Court: "Trupti Patel has spent the last year in torment. She walks from the court a free woman."

"She wants to publicly acknowledge the tremendous support she has received from her husband, friends and family." "Few mothers", she continued, " will ever have to face the death of one baby, let alone 3. Virtually no mother, however, will have to face the trauma of being accused of deliberately suffocating her children." Mrs. Patel and her husband Jayant have appealed for privacy to " get back to some sort of normality", and it is here that the fallout from her not guilty verdict begins to impact and may bring longer lasting and more widespread positive implications for any future trials.

Thames Valley police have defended their decision to investigate, saying the jury should " have an opportunity to decide on the evidence, which has now occurred."
The childrens’ charity the NSPCC has called for an overhaul of the way child deaths are investigated. Spokesman Chris Cloke said, " It is absolutely vital that these tragic incidents are investigated without stigmatising parents. We want to see systematic review and analysis of all child deaths by teams made up of health experts, police and social services professionals."Public Judicial Inquests should be held in any cases where it is "beyond reasonable doubt" that the child died of natural causes. Each Coroner’s area should have at least one specialist in child death and all autopsies on children should be performed by a pathologist with specialist knowledge. Moreover, he said, these changes should be introduced as a matter of urgency.

The director of the Foundation for the Study of Infant Deaths, Joyce Epstein, spoke of the " current eagerness" by some to view all sudden and unexplained deaths with suspicion, particularly when there is a second death in the family- although there is a high incidence of multiple SIDS . Virtually every national newspaper has featured editorials calling for an overhaul of the process of investigating sudden infant deaths, even those like the traditionally right-wing Sun, which has nevertheless defended the decision to go to court. "Mrs patel can look the world in the eye and deserve sympathy, not suspicion", its editorial says. "Human nature being what it is, many people would have harboured doubts about her - now these have been dispelled." Yes, thanks to the wisdom and courage of a jury to decide in the face of "expert" evidence.

Above all, two of these "experts", Professor Roy meadow and Professor Michael Green, emerge from the trial discredited. Speaking in The Guardian, a retired forensic pathologist and former vice president of the Royal College of Pathologists, Dr Bill Hunt, slammed the "hawkish" school of thought led by Professor Meadow, and said the advice should not be "think dirty" but "think objective".He sees the turning point as the \Sally Clarke appeal verdict which overturned the court’s conviction for murder, and believes experts are now more cautious and less certain.

"It’s essential that both the police and the Crown Prosecution Service look at both sides of the argument", he said. "If leading experts can’t make up their minds on such an important matter,as to whether someone has committed murder or not, how can you expect a jury to?" He said he was " very surprised " that after Roy Meadow’s "73 million to one"quotation for the likelihood of 2 SIDS deaths in one family, which had effectively convicted sally Clarke and was later disproved, he had been called as a prosecution witness in Trupti Patel’s trial."It’s almost as if they wanted to get a conviction rather than find out if she was guilty or not."

Dr Hunt said the Clarke and Patel cases highlight "what an inexact science pathology is", but said it must be accepted that genetics were a factor in a large proportion of these cases. The Clarke family have welcomed the Patel’s verdict. "It looked like a witchhunt" commented Sally Clarke’s husband Stephen, who, like Jayed Patel, had always been convinced of his wife’s innocence. "This seems like another waste of police, court and medical experts’ time.,let alone the trauma of what she has gone through." The real legacy of Sally Clarke and Trupti Patel will only become clear in time, as we see how many more cases which should never have been the subject of court proceedings, go to trial.

 

 

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